Court orders restoration of DACA program

Second judge blocks Trump from ending DACA

Garaufis' ruling comes after California U.S. District Judge William Alsup blocked the plan to let DACA expire in January, saying the reasoning to end the program was based on a misinterpretation of the law. I suppose the only real shock here is that the ruling didn't come out of San Francisco, but NY.

The order from federal District Court Judge Nicholas G. Garaufis in NY comes as Congress debates legislation that would allow up to 1.8 million undocumented immigrants brought to the U.S.as children, known as "Dreamers", to gain legal status rather than face possible deportation.

Today's ruling reflects not only the illegality of the Trump Administration's move to rescind DACA, but also the clear and demonstrable benefits DACA provides to New Yorkers across our great state.

Judge Nicholas G. Garaufis said the administration does have the power to revoke DACA, but it must give a sound reason for doing so - and the Homeland Security Department's September 2017 rationale fell far short of what is required in that regard.

The judge said the Trump administration can still rescind the program in the future if it does it the right way.

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Congress is trying to pass legislation before the DACA program ends March 5, when about 1,000 participants a day will begin losing deportation protections and work permits, making them vulnerable to deportation.

"It's not just an ad hoc comment that was overheard on an open mic", the judge said. The court could announce as soon as Friday afternoon whether it will hearing the case. Created by the Obama administration through executive action in 2012, DACA now protects almost 700,000 Dreamers from deportation.

In a statement, U.S. Justice Department spokesman Devin O'Malley said DACA was implemented unilaterally by Trump's Democratic predecessor Barack Obama and thus unlawfully circumvented Congress. "Because that conclusion was erroneous, the decision to end the DACA program can not stand".

The agency had already begun to accept renewal applications under the first court order. He then offered Congress to come up with a permanent solution by March.

This ruling is rather odd on several fronts.

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